Police have no power to seize vehicles in drunk driving cases: HC

‘Any breach of direction would amount to contempt of court’

Justice K. Lakshman of Telangana High Court on Friday made it clear that police do not have power to detain or seize a vehicle on the ground that the person driving or riding the vehicle was under the influence of alcohol.

Delivering verdict in a batch of writ petitions challenging powers of police to seize vehicles during drunk drive checks, the judge said any breach of the direction issued in the matter would amount to contempt of court and action would be initiated against police officers concerned. The magistrate directed the police officers to file charge-sheets in drunk drive cases within three days if they deem it fit to do so against driver, owner (or both) of the vehicle.

The detained vehicle should be released by the police after completion of prosecution, by intimating to the Road Transport Authority officials. Justice K. Lakshman also instructed magistrates to receive the charge-sheets within three days from the date of seizure of vehicles in compliance with rule 448-A (iv) of Telangana State Motor Vehicle Rules-1989.